SC’s Order on the Waqf (Amendment) Act, 2025
What is the Waqf (Amendment) Act, 2025?
- Amends the Waqf Act, 1995, governing charitable endowments under Islamic law.
- Govt claimed it improves transparency, accountability, and centralised registration.
- Key changes:
- Collector empowered to decide ownership of waqf claims.
- Only Muslims practising Islam for ≥5 years can create waqf.
- Non-Muslims allowed on Waqf Boards & Councils.
- Removed “waqf by user” principle.
- Mandatory digital registration of all waqf properties.
- Applied Limitation Act, 1963 to waqf disputes.
Grounds of Challenge
Petitioners (including MPs, parties, community leaders) argued that the law:
- Violates Article 26 (right of religious denominations to manage affairs).
- Arbitrary 5-year practice requirement curtails religious freedom.
- Collector’s powers breach separation of powers, undermining courts/tribunals.
- Non-Muslim representation dilutes minority autonomy (Article 30).
- Abolishing “waqf by user” undermines centuries-old waqf jurisprudence.
SC’s Interim Order (Sept 15, 2025)
Provisions Stayed (Not in force until final judgment):
- Collector’s unilateral power to decide ownership of waqf property.
- Automatic loss of waqf status once inquiry starts.
- Five-year practising Islam requirement (until govt frames rules).
- Cap on non-Muslim members: max 4 in Central Waqf Council (22 members) and max 3 in State Boards (11 members).
Provisions Upheld / Continue:
- Removal of “waqf by user” (prospectively).
- Compulsory digital registration of waqf properties.
- Application of the Limitation Act, 1963.
- Only owner’s property can be dedicated as waqf.
Broader Implications
For Minority Rights
- Court acknowledged concerns on state interference in religious affairs.
- Interim cap on non-Muslim members ensures minority autonomy is not eroded.
- But the 5-year Islam clause may create religious policing, awaiting final decision.
For Separation of Powers
- Court reasserted that property disputes must remain judicial, not executive, matters.
For Governance
- Push for digital transparency and uniform application of limitation laws signals govt’s intent to treat waqf like other public property.
For Politics & Society
- Case touches the sensitive balance between minority autonomy vs state oversight.
- Outcome could set precedent for management of other religious endowments (temple/mutts, churches, etc.)
Related Posts
05 May 2023 Static Quiz
Posted on
Sri Lankan Civil War
Posted on
